Wi-Fi Supporters Oppose Stay of FCC 5.9 GHz Order

The Wi-Fi Alliance, NCTA and others opposed an Amateur Radio Emergency Data Network petition (see 2105030042) for stay of the FCC's 5-0 November order opening 45 MHz of the 5.9 GHz band for Wi-Fi, while allocating 30 MHz for cellular vehicle-to-everything (see 2011180043). Most of the order takes effect July 2. “AREDN fails to demonstrate that it will likely prevail on the merits,” the alliance said in a filing posted Tuesday in docket 19-138. “Contrary to AREDN’s assertions, the Commission has broad, exclusive authority to manage spectrum designated for non-federal operations under the Communications Act and therefore was well within its ability to reallocate the 5.9 GHz band,” the group said: AREDN hasn’t demonstrated it would suffer any harm, while other groups would if a stay were granted. “The 5.9 GHz Order is a key component of the Commission’s efforts to deliver immediate and long-term improvements to in-home broadband delivered over Wi-Fi,” said NCTA: “The COVID-19 public health crisis has only intensified reliance on Wi-Fi networks and further underscores the importance of making new unlicensed spectrum available.” AREDN “has it backwards,” said Public Knowledge and New America’s Open Technology Institute. “The authority of the Secretary of Transportation to mandate safety equipment for vehicles does not extend into the subject matter jurisdiction of a sister agency.” Wireless ISPs use the band under special temporary authority, the WISP Association said. “As many STA holders have indicated in their initial STA requests and renewal applications, demand for bandwidth capacity is not expected to subside post-pandemic because more people will continue to work from home and use telehealth, especially in rural areas where medical facilities are not often nearby.” A lawyer for AREDN emailed that the FCC isn’t allowing replies to the oppositions, and declined further comment.